Seminar Paper On The Topic

Of Crime And Punishment

submitted by: Bina sharma
Class: BA llb, First year
Definition To The Crime
Crime can be define as the violation of a law in which
there is injury to the public or a member of the public
and a term in a jail or prison or fine as possible
penalties.

Definition Of Scholar
According to prof. Good hart: Crime is any act which
is punish by the state.
 Scope
Rape: The word rape, is derived from Latin term
rapio, which means to seize.
In simple word Rape is the intercourse with a women or
male without his or her consent by force/fear/fraud.
Circumstances Of Rape
Firstly, Against his /her will.
Secondly, Without his /her consent.
Thirdly, With his/her consent but has been obtain by putting whom
he/she is interested in fear of death or of hurt.
Fourthly, With her consent when the man knows that his not her husband
and that her consent is given because she believes that his another man to
who she is or believes herself to be law fully married.
Fifthly, With her consent at the time of giving such consent by reason of
unsoundness of mind intoxication or the administration by him
personally or though another of any stupefying or wholesome substance,
she unable to understand the nature and consequences of that to which
she gives consent.
Sixthly, With or without her consent, when she is under sixteen year of
age.
 Types Of Rape
Gang Rape:
Gang rape occurs when a group of people participate in
the rape of single victim. Rape involving at least two or more
violators.

Study reports of different countries regarding gang rape

Bangladesh
Study report of 2013 : 1.9% of ruler man involve in gang rape
1,4% of urban man involves in gang rape
France : Between 5000 and 7000 gang rapes are reported in
France every year.
 Marital Rape(also known as rape in marriage) , in which
perpetrators is the victims spouse. It is the form of
partner rape domestic violence and sexual abuse.
United State: Article 261 of California talks about
spousal marital.
Law Mentioned In Different Countries For
Uk : Sexual offence act 2003
Switzerland : Art 190 of constitution mention the provision
regarding the rape.
South : Africa sexual offence act 32 of 2007.
Ireland : Article 44 of rape act 1981.
India : Section 375 of the IPC define provision related to rape.
Nepal : Chapter 14 of MulukiAin
It also mentions the time period of punishment, according to age
of victim. For example,
10 to 15 years imprisonment, if a person rapes a child below 10
year
5 to 8 years of imprisonment, if a persons rapes 10 to 15 years of
child
5 to 7 years of imprisonment, if a victim is of above 20 years of
Some Decision Of Court Regarding Rape
Case In Nepal
March 17,2015 In a landmark verdict, the Bara district court
has convicted kanaya Gupta on the charge of raping and
murdering 7 years old puja shah of Bara and sentenced him
to 35 years in prison along with a fine of RS;200000.

December 8, 2011 In the rape case of Suntli Dhami of

Accham district, single bench of district court convicted
head constables Birendra Bam and Jagdish Pandey. Bam has
been sentenced to six years in jail and fined Rs 100,000 and
pandey has been sentenced to three years in jail.
Conclusion
Hence all these are the provisions and some judicial
decision related to the crime rape in different
country of the world.